Can I recover damages for emotional distress in a pedestrian accident case?

Yes, in some cases, you may be able to recover damages for emotional distress in a pedestrian accident case in California. Generally, if the defendant’s negligence resulted in a physical injury or death, you may be able to recover damages for emotional distress. However, the defendant must have acted in a way that was egregious or intentional to rise to the level of causing emotional distress. In addition, if the accident caused a family member of yours to suffer emotional distress due to your physical injury, they may be able to recover compensation for their own emotional distress. This means that someone who witnesses an accident or sees the resulting injuries and then experiences emotional distress due to the sight may be able to recover damages. It is important to note that recovering damages for emotional distress often requires expert testimony from a psychologist or psychiatrist who can testify as to the extent of the emotional distress. This expert would provide evidence about how the injury affected the victim and the severity of the emotional suffering that the victim endured. If you have suffered emotional distress due to a pedestrian accident, it is important to speak with a qualified personal injury attorney who can advise you of your rights and help you seek the compensation you deserve.

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